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A BILL TO BE ENTITLED
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AN ACT
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relating to the appointment of counsel to represent an indigent |
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defendant in a capital case. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 26.052(e), Code of Criminal Procedure, |
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is amended to read as follows: |
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(e) The presiding judge of the district court in which a |
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capital felony case is filed shall appoint a qualified attorney |
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[two attorneys, at least one of whom must be qualified under this
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chapter,] to represent an indigent defendant as soon as practicable |
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after charges are filed. To be qualified, the attorney must meet |
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the standards adopted under this article for a trial attorney |
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appointed as lead counsel to a capital case in which the death |
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penalty is sought. The judge shall appoint a second attorney to the |
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case on receipt of written notice [, unless the state gives notice
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in writing] that the state will [not] seek the death penalty. A |
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case in which the state seeks the death penalty may not proceed to |
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trial on the merits before the 120th day after the date the second |
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attorney is appointed to the case. |
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SECTION 2. The change in law made by this Act applies only |
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to a capital felony case that is filed on or after the effective |
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date of this Act. A capital felony case that is filed before the |
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effective date of this Act is governed by the law in effect on the |
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date the case was filed, and the former law is continued in effect |
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for that purpose. |
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SECTION 3. This Act takes effect September 1, 2007. |